A transfer student at the Branson School in Ross will remain temporarily blocked from joining her track team in competitions following a ruling in Marin County Superior Court.
Judge Mark Talamantes rejected an attempt by the teen’s father to overturn a decision by a California Interscholastic Federation athletic commissioner.
“Playing high school sports is a privilege, not a right,” Talamantes wrote in his Friday ruling.
Bart Schachter sued the federation last year after a commissioner, Pat Cruickshank, found his daughter to be ineligible to compete for half of the spring season for Branson’s track team. She also missed half of the varsity tennis season because of the decision, Schachter said.
The sophomore transferred to Branson last year after she experienced antisemitic harassment at San Francisco University High School, another private school, her father said. His daughter is unnamed in the lawsuit.
Under federation policy, transfer students are typically required to sit out half a season before joining a team’s competitions. However, the transfer policy has a hardship exception for students who experienced safety concerns or discrimination at their former schools.
Branson’s track and field season begins Feb. 9. The student’s ineligibility period ends March 25, according to court documents.
Schachter wanted the court to issue a preliminary injunction against the federation that would have allowed his daughter to compete in a full season.
Talamantes expressed concerns about granting the injunction.
“Branson could be penalized for fielding an ineligible student athlete,” he wrote.
He added the federation could subsequently have to forfeit all competitions the student joined.
Talamantes emphasized that the student is still allowed to practice with teammates while she waits out the six-week period.
“A mandatory injunction requires the court to act with urgency to avoid indispensable injury,” Talamantes wrote. “Here, the student suffers no injury.”
Schachter said the court ruling could lead to a rise in antisemitic harassment against students, especially in private K-12 schools.
“Given the increase in reported incidents nationally, this ruling could lead to increased episodes, particularly for Jewish athletes who will be reluctant to transfer schools,” he said.
Schachter said the incidents at his daughter’s former school included classmates making Nazi salutes and mimicking “physical characteristics of Jewish identity” around her. He and other parents sent a complaint to the school administrators about a “bullying and harassing environment for Jewish students” at the school, his lawsuit stated.
The California Interscholastic Federation requires a transfer student’s former school to show documentation of safety incidents that occurred there. Ronald Scholar, attorney for the federation, said the federation lacks sufficient information to respond to the allegations of harassment.
Schachter said documents such as police reports and a letter from the Jewish Community Relations Council were provided as evidence to the federation. He alleged that school administrators failed to acknowledge and investigate antisemitic harassment incidents reported by families to the school’s trustees.
Nasif Iskander, the school’s head administrator, said in November that it did not object to the federation granting the student a waiver to play sports at her new school. He also said that his school respects the federation’s authority to decide a student’s eligibility.
“We strongly disagree with the allegations the student’s parents have raised about our school in connection with their petition to CIF,” Iskander said. “UHS has robust and effective programs and policies to provide students an uplifting learning environment free of antisemitism and other discrimination.”
Scholar and Schachter’s attorney, Jay Jambeck, presented their cases to Talamantes at a hearing on Jan. 9. He made his ruling a week later.
Talamantes focused on whether the student was directly involved in the alleged safety incidents at her former school. He wrote that both attorneys agreed that a transfer student would qualify for a federation hardship exemption if the student was assaulted by bullies.
The judge did not find the student to be qualified for the hardship exemption.
“The court has read the record and is aware of the deplorable conduct at issue that is alleged to have occurred by a group of students at UHS against a group of students based on their religion,” Talamantes wrote. “That s/he was offended by observing the bullying (including offensive hand gestures) is not the equivalent of a safety incident which would qualify for the exemption. A reasonable fact finder may conclude that her/his application fails to present any incidents in which s/he was directly involved that could be characterized as involving her/his safety at school.”
Schachter is considering his options in the wake of the ruling, his lawyer said.
“We respect the court’s opinion, but believe that California public policy compels a different result,” Jambeck said. “Students are now faced with a decision to remain in a hostile environment, which the court seemed to acknowledge, versus losing half a season in each sport in which a student participates. The purpose of the hardship exemption at issue is that students should not have to make such a choice.”
Scholar said the federation does not comment on pending litigation.
Branson’s athletic director, Frances Dillon, declined to comment on the lawsuit.
The court has scheduled a case management conference on Monday.